9911796707
TMI Blog1973 (1) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 1965-66 to 1969-70. On the said returns, the assessing authority (respondent No. 2) completed the assessment and passed assessment orders on November 20, 1969. On the same day, the 2nd respondent issued notices to the petitioner under sub-section (1) of section 271 of the Act to show cause why penalty should not be imposed on him. On receipt of the said notices, the petitioner made an application dated March 2, 1970, before the Commissioner of Income-tax in Mysore (respondent No. 1) for waiving the penalty under section 271(4A) of the Act. In the said application the petitioner stated that he has fully satisfied the requisite conditions for exercise of the discretion of the Commissioner for reduction or waiver of the amount of minimum pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the order impugned can be supported and, therefore, we should not interfere in the instant case. Sub-section (4A) of section 271, so far as it is relevant, reads thus : "Notwithstanding anything contained in clause (i)..... of sub-section (1), the Commissioner may, in his discretion- (i) reduce or waive the amount of minimum penalty imposable on a person under clause (i) of sub-section (1) for failure, without reasonable cause, to furnish the return of total income which such person was required to furnish under sub-section (1) of section 139,.... if he is satisfied that such person-- (a) in the case referred to in clause (i) of this sub-section has, prior to the issue of notice to him under sub-section (2) of section 139, voluntaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4A), the Commissioner has to be satisfied that the assessee has made full disclosure of his income voluntarily and in good faith. There is an obligation cast under section 271(4A) on the Commissioner to examine the case of the petitioner and satisfy himself as to whether he fully satisfies all the conditions laid down in clauses (a), (b) and (c) and if any of the conditions have not been satisfied, then the Commissioner ought to state as to which condition has not been satisfied. In other words, the order of refusal to exercise the discretion should be a speaking order as the same is open to scrutiny by this court. Since the impugned order is not a speaking order, the same cannot be allowed to stand undisturbed. Accordingly, we allow this w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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